Terms of Service | ModLinQ

TERMS OF USE

Last updated August 21, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and ModLinQ, LLC, doing business as ModLinQ ("ModLinQ", "we", "us", or "our"), concerning your access to and use of the https://modlinq.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Use the Site to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Site.
  10. Upload or transmit viruses, Trojan horses, or other material that interferes with the Site.
  11. Engage in automated use of the system, data mining, robots, or similar tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Upload passive or active information collection mechanisms ("spyware", "pcms").
  16. Interfere with, disrupt, or create an undue burden on the Site.
  17. Harass, annoy, intimidate, or threaten employees or agents.
  18. Attempt to bypass measures designed to prevent or restrict access.
  19. Copy or adapt the Site's software, including Flash, PHP, HTML, JavaScript, or other code.
  20. Decipher, decompile, disassemble, or reverse engineer software comprising the Site.
  21. Use or distribute automated systems such as spiders, robots, scrapers, or offline readers.
  22. Use a buying agent or purchasing agent to make purchases on the Site.
  23. Make unauthorized use of the Site for unsolicited email or automated account creation.
  24. Use the Site to compete with us or for revenue-generating commercial enterprise use.

USER GENERATED CONTRIBUTIONS

The Site may invite you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

  1. Your Contributions do not infringe third-party proprietary rights.
  2. You have all required licenses, rights, consents, and permissions.
  3. You have permission from identifiable individuals appearing in Contributions.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unauthorized advertising or solicitation.
  6. Your Contributions are not obscene, harassing, libelous, or objectionable.
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse.
  8. Your Contributions do not incite violence or threaten physical harm.
  9. Your Contributions do not violate applicable law, regulation, or rule.
  10. Your Contributions do not violate privacy or publicity rights.
  11. Your Contributions do not solicit personal information from minors.
  12. Your Contributions do not violate child protection laws.
  13. Your Contributions do not include offensive comments connected to protected traits.
  14. Your Contributions do not otherwise violate these Terms or applicable law.

CONTRIBUTION LICENSE

By posting your Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works and sublicenses.

We do not assert ownership over your Contributions. You retain ownership and associated intellectual property rights. You are solely responsible for your Contributions.

GUIDELINES FOR REVIEWS

When posting a review, you must comply with criteria including firsthand experience, no offensive or discriminatory language, no illegal references, no false statements, and no organized review manipulation campaigns. We may accept, reject, or remove reviews in our sole discretion.

SOCIAL MEDIA

As part of Site functionality, you may link your account with Third-Party Accounts. By doing so, you authorize access to certain social account content and information subject to the third-party provider's terms. We are not responsible for Third-Party Account content or availability.

SUBMISSIONS

Any feedback, suggestions, ideas, or other submissions you provide to us become our sole property and may be used without acknowledgment or compensation to you.

THIRD-PARTY WEBSITE AND CONTENT

The Site may link to third-party websites and content. We do not investigate or guarantee third-party content and are not responsible for any loss or harm related to your interaction with third-party websites, products, or services.

ADVERTISERS

Advertisers are responsible for advertisements and related offerings placed on the Site. We provide ad placement space and have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations, take legal action, restrict access, remove burdensome content, and otherwise manage the Site to protect our rights and facilitate proper operation.

PRIVACY POLICY

By using the Site, you agree to our Privacy Policy. The Site is hosted in the United States, and by using it you consent to transfer and processing of your data in the United States.

COPYRIGHT INFRINGEMENTS

If you believe material on the Site infringes your copyright, notify us using the contact information below. You may be liable for damages for material misrepresentations in a notification.

TERM AND TERMINATION

These Terms remain in full force while you use the Site. We may deny access, terminate use, or delete accounts/content at our sole discretion and without notice for any reason, including breach of these Terms or applicable law.

MODIFICATIONS AND INTERRUPTIONS

We may modify or discontinue the Site at any time. We do not guarantee uninterrupted availability and are not liable for loss caused by downtime, suspension, or discontinuance.

GOVERNING LAW

These Terms and your use of the Site are governed by the laws of the State of Delaware, without regard to conflict of law principles.

DISPUTE RESOLUTION

Parties agree to first attempt informal negotiations for at least thirty (30) days before arbitration. If unresolved, disputes are subject to binding arbitration under AAA rules, except for expressly excluded disputes. Venue for court proceedings, where applicable, is Kent County, Delaware.

CORRECTIONS

We reserve the right to correct typographical errors, inaccuracies, or omissions and to update information on the Site at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from third-party claims or demands arising out of your Contributions, Site use, breach of these Terms, or violation of third-party rights.

USER DATA

We maintain data for Site performance and usage. You are responsible for your transmitted data and waive claims for data loss or corruption.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Site, you consent to electronic communications and agree that electronic notices and records satisfy legal writing requirements.

CALIFORNIA USERS AND RESIDENTS

If complaints are not resolved satisfactorily, contact the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, California 95834; (800) 952-5210; (916) 445-1254.

MISCELLANEOUS

These Terms and posted policies constitute the entire agreement between you and us regarding Site use. If any provision is unlawful or unenforceable, remaining provisions remain in effect.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

ModLinQ, LLC

1333 Rosepointe Dr, York, PA 17404, USA

York, PA 17404

United States

Phone: (+1)7178936758

b.teller@modlinq.com

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